Here are the materials so far in Stifel, Nicolaus & Company, Incorporated v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin (W.D. Wis.):
10 LCO Motion to Dismiss or Stay
13 LCO Tribal Court Motion to Dismiss or Stay
29 Joint Stipulation re Stay of Tribal Court Proceedings
30 DCT Order Allowing Dismissal of Prior Motions wo Prejudice
38 Stifel Motion for Summary J
An excerpt:
Plaintiff Stifel, Nicolaus & Company, Inc. (“Stifel”) seeks equitable reformation of its Bond Purchase Agreement with defendant Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin (the “Band”), as well as a declaratory judgment that the Band may not proceed to sue Stifel in a currently-pending action in Lac Courte Oreilles Tribal Court. Before the court now is plaintiff’s motion for summary judgment on both claims. (Dkt.# 37.) Based on the undisputed facts of record, the court holds that Stifel is entitled to reformation of the Bond Purchase Agreement, but also concludes that the Band may proceed with its pending claims against Stifel in Lac Courte Oreilles Tribal Court. Although Stifel has had ample opportunity to do so already, because the Band did not affirmatively move for summary judgment, the court will give Stifel yet another opportunity to proffer additional evidence, if any, that the forum selection clause in the Bond Purchase Agreement clearly precludes the Band from proceeding in Tribal Court.
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